What is the legal basis for the RTR-NetTest?

The statutory duty of RTR to offer the RTR-NetTest is enshrined

  • in Art. 17 Par. 4 and Par. 5 of the Austrian Telecommunications Act 2003 (TKG 2003) and
  • in Art 5 Par. 1 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012 and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (TSM).

According to Art. 17 Par. 4 TKG 2003 the regulatory authority is entitled “to undertake, or have undertaken, independent reviews of the performance benchmarks to be able to check the accuracy and comparability of the information provided. The regulatory authority may publish the information provided as well as the results of the performance benchmark reviews”.

In addition, the regulatory authority is entitled under Art. 17 Par. 5 TKG 2003 “to offer instruments and review mechanisms which enable subscribers to review the information pursuant to Article 25 Par. 4 Nos. 2, 3 and 4".

According to Art. 5 Par 1 TSM national regulatory authorities “shall closely monitor and ensure compliance with Articles 3 and 4, and shall promote the continued availability of non-discriminatory internet access services at levels of quality that reflect advances in technology. For those purposes, national regulatory authorities may impose requirements concerning technical characteristics, minimum quality of service requirements and other appropriate and necessary measures on one or more providers of electronic communications to the public, including providers of internet access services”.